State-by-State Guide to U.S. Marijuana Legislation

More and more states are legalizing marijuana. Recreational marijuana is legal in four states, 23 states and the District of Columbia have laws that legalize marijuana in some form, and other states have taken action to decriminalize possession. Here’s your up-to-date guide on marijuana legislation in the United States.

Photo: Leaves of a mature marijuana plant are seen in a display at The International Cannabis and Hemp Expo April 18, 2010 at the Cow Palace in Daly City, California. Next

AP Photo/Matilde Campodonico, File

Some Marijuana Lingo

Tetrahydrocannabinol (THC): THC is the main chemical compound that causes a psychological reaction from marijuana. In low doses, the chemical can have medical benefits such as the alleviation of pain and nausea. In higher doses, THC can cause what is known as a “high.”

Cannabidiol (CBD): CBD is the second most common chemical in marijuana. CBD is believed to have the same medical benefits of THC (anti-nausea, anti-anxiety, anti-pain) without causing the euphoric “high.”

Usable vs. unusable marijuana: Usable marijuana generally refers to “burnable” dried marijuana. Unusable includes seeds, seedling and stalks. When referring to plants, legislation often distinguishes between “mature” and “immature” plants. Mature plants are those plants that are ready for harvest, while immature plants are still growing.

Euphoric vs. non-euphoric marijuana: Euphoric marijuana has strong enough amounts of THC, CBD and other cannabinoids to cause a “high” while non-euphoric marijuana does not cause the same psychological reaction.

Photo: Marcelo Vazquez, a marijuana grower, checks the leaves of his marijuana plants for fungus.
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Something else you should know: Alaska has an interesting history with marijuana.Alaska was the first state to decriminalize marijuana in 1975 and one of the first states to legalize medical cannabis in 1998. Then in 2006, Alaska recriminalized marijuana claiming it had been proven to be more intoxicating than previously thought. Most recently, Alaskans voted in favor of legalizing marijuana (52 percent) in the November 2014 election, making them one of only four states with such progressive legislation. But it is still illegal to sell marijuana in the state.

Photo: A view of the House floor on Friday, April 25, 2014, in Juneau, Alaska. Next

AP Photo/Ross D. Franklin, File

Arizona

What’s legal? Medical marijuana. (2.5 ounces of marijuana)

When was it legalized? November 2010

Who’s it legal for? Qualifying patients are defined as anyone who has a “debilitating medical condition.” Approved conditions cited in the bill include cancer, glaucoma, HIV, Crohn’s disease and chronic pain.

Something else you should know:Even if you have a medical marijuana card, you can’t smoke weed anywhere in Arizona. Marijuana cannot be possessed on the grounds of any preschool, primary or secondary school, and cannot be smoked in any public place. Activists hope to get a recreational marijuana bill on the 2016 ballot. The measure proposes legalizing marijuana for anyone 18 and older, so if it’s accepted Arizona would be the first state to legalize marijuana for people under 21.

Something else you should know: It’s almost legal. The Arkansas Hemp and Cannabis Amendment, a bill that pushes for the legalization of recreational marijuana, was accepted by the state attorney general on June 4, 2014 and will appear on the November ballot. The legislation is a huge jump considering medical marijuana is not yet legal. In November 2012, more than 48 percent voted in favor of the Arkansas Medical Marijuana Act, which would have legalized medical cannabis.

Something else you should know: California was the first state to legalize medical marijuana. The California Control, Regulate and Tax Marijuana Initiative, a push to legalize and tax recreational marijuana, will likely appear on the November 2016 ballot. Activists originally hoped to get the bill on the 2014 ballot, but believe it will be more successful in 2016.

Photo: The California state flag flies above City Hall in Santa Monica, California. Next

Something else you should know: Colorado is one of the first two states to legalize recreational marijuana and is thus being used as a guinea pig for other states considering legalization. Factors legislators are looking at are tax revenue, crime rates and prosecution rates. Colorado has brought in higher-than-expected marijuana tax revenue: $17.9 million the first four months of sale (January to April 2014). Crime rates declined in Colorado in the first quarter of sales. It’s hard to say if marijuana legalization led to the decline, but at least we know it didn’t increase crime rates.

Photo: With the Colorado state capitol building visible in the background, partygoers dance and smoke pot on the first of two days at the annual 4/20 marijuana festival in Denver, Saturday April 19, 2014.Next

Something else you should know: Washington, D.C. is a particularly interesting case study when looking at marijuana legalization. In the November 2014 elections, The District approved by a 69-31 margin the “Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014,” an Act that would legalize the possession and cultivation, but not retail, of up to 2 ounces of recreational marijuana. However, all laws passed by The District Article are subject to congressional review, an authority granted to Congress by Article 1 Section 8 of the Constitution. The Republican-dominated Congress attempted to block the local approval with provisions included in an approved federal spending bill. In the days leading up to the vote,House Republicans warned D.C. Mayor Muriel Bowser she would be breaking federal law and could be subject to arrest, but Bowser did halt implementation of the legalization approved by voters in November.

Photo: This photo taken Feb. 13, 2013 shows different strains of marijuana displayed during the grand opening of the Seattle location of the Northwest Cannabis Market, for sales of medical marijuana products.Next

Something else you should know: The legalization of recreational marijuana is not imminent, but lawmakers are pushing toward looser legislation. A bill introduced in late May could decriminalize marijuana possession of 1 ounce or less for those 21 years and older.

Something else you should know: Florida’s medical marijuana bill is extremely limiting. An initiative to legalize recreational marijuana failed on the November 2014 ballot. A new bill, “The Florida Medical Marijuana Act” (SB 528) was introduced for the 2015 legislative session. The bill would provide protections from arrest and prosecution for seriously ill patients using medical marijuana and create a system of registered medical marijuana providers.

Photo: In this May 21, 2014 photo, RayAnn Moseley, 11, does class work in her ESC class at Gulf Breeze Elementary School in Gulf Breeze, Fla. RayAnn’s cerebral palsy affects her ability to speak and, while her parents understand her, most people have a difficult time communicating with her. The Moseleys hope that could change with help from Charlotte’s Web, an oil from a marijuana strain.
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(iStockPhoto)

Georgia

What’s legal? Not marijuana.

When was it legalized? Never.

Who’s it legal for? No one.

The Legislation: Doesn’t exist.

Something else you should know: Georgia is close to passing a bill that would legalize medical marijuana for patients suffering from severe seizures. A bill proposing the legalization of medical marijuana, dubbed Haleigh’s Hope Act passed through the House and Senate in March 2014 but failed at the last-minute due to an added provision. Activists hope to get the bill passed in 2015.

Something else you should know: Illinois passed broader medical marijuana legislation on July 20, 2014. The new law, which will take effect in early 2015, expands the definition of “debilitating medical condition” to include children and adults with epilepsy and other seizure disorders.

Photo: The American flag flies outside the Illinois State Capitol Thursday, June 5, 2014, in Springfield, Ill.Next

Photo: This photo taken April 25, 2014, shows Cassie and Justin Helland watching their son, Caleb, 9, play with one of his favorite toys. Caleb has had epileptic seizures since he was 3 months old. Cassie and Justin hope that the approval by the Iowa Senate of a bill legalizing the use of cannabis for limited medical uses will eventually lead to them being able to use medical marijuana to help treat Caleb's seizures.Next

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Kansas

What’s legal? Not marijuana.

When was it legalized? Never.

Who’s it legal for? No one.

The Legislation: Doesn’t exist.

Something else you should know: Kansas is currently considering legislation that would legalize medical marijuana. The bill failed in the 2013 legislative session, but legislators plan to reintroduce the bill.

Something else you should know: Kentucky’s governor signed Senate Bill 124 into law in April 2014, allowing the Kentucky public uninversities to administer cannabidiol and approved clinical trials at the institutions.

When was it legalized? Medical marijuana in 1999 (statewide) and recreational marijuana 2013 (only Portland).

Who’s it legal for? In Portland, recreational marijuana is legal for adults over 21 years old. Everywhere else in the state only patients with a “debilitating medical condition” may use medical marijuana.

Something else you should know: The Portland vs. Maine legalization battle is pretty complicated. Portland’s bill legalized the possession but not the sale or purchase of marijuana, which is pretty fuzzy. Basically the bill decriminalized the possession of marijuana, but lawmakers made a statement against the marijuana industry while they were at it. A bill that would have legalized recreational marijuana across the state failed on the ballots in November 2013. The bill will be reconsidered in 2015.

Who’s it legal for? Qualifying patients ages 18 and older. “Qualifying patients” are defined as those patients who have an illness in which no other effective treatment exists, and for whom a doctor deems that the medical benefits of marijuana outweigh the health risks.

Something else you should know: Maryland decriminalized marijuana this year, too. Senate Bill 364 was signed by Maryland Governor Martin O’Malley in April and goes into effect in October. The bill changes possession of less than 10 grams of marijuana from a criminal offense to a civil offense.

Something else you should know: At least two medical marijuana companies have filed lawsuits against the state’s application process for licensing after their applications were denied in early 2014. In May, a state judge denied their efforts to halt the licensing process until their cases were heard. Under the medical marijuana law, 35 dispensaries will be approved for operation throughout the state. Recreational marijuana could be legalized soon. Legislators are drafting a 2016 ballot question that proposes the legalization and taxation of marijuana.

Photo: 05/15/14: Spencer, MA: A still image from a video shot by police during the raid on Andrzej Connor's marijuana plants. Next

Photo: 29-year-old Sarah Christoff spins tunes in front of a mockup of a marijuana growth house at the Chicago Cannabis Conference June 7, 2014, being held on the iconic Navy Pier. The gathering--organized by Michigan-based nonprofit My Compassion--is the largest public meeting yet of cannabis professionals and medical marijuana supporters say organizers.Next

Photo: In this May 9, 2014 file photo, medical marijuana advocates watch as the Minnesota House of Representatives vote on a bill that would legalize marijuana use for medical reasons at the Capitol in St. Paul, Minn. Next

Something else you should know: Mississippi’s medical marijuana law is extremely strict. The bill only allows for marijuana in oil form and only oil that “contains more than 15 percent CBD and no more than 0.5 percent THC.”

Photo: Gov. Phil Bryant walks past a mockup of a new state seal Wednesday, April 2, 2014, outside his office at the Capitol in Jackson, Miss. Next

Chris Blank

Missouri

What’s legal? Not marijuana

When was it legalized? Never

Who’s it legal for?No one

The Legislation: Doesn’t exist

Something else you should know: Missouri is really, really close to legalizing medical marijuana. A medical marijuana bill passed through the House and Senate and was delivered to the governor on May 20, 2014. The bill is pretty strict though. It would legalize non-psychoactive marijuana (no more than .3 percent THC and at least 5 percent CBD) only for individuals suffering from “intractable epilepsy.”

Photo: Republican Missouri Sen. Eric Schmitt, his wife Jaime Schmitt and their son Stephen Schmitt, who has epilepsy, watch state House debate in Jefferson City, Mo., on Thursday, May 1, 2014. State lawmakers sent a bill to the governor handled by Schmitt that would allow use of a cannabis extract by people whose epilepsy isn’t relieved by other treatments.Next

Something else you should know: Pro-marijuana legislators are working on getting recreational marijuana on the 2016 ballot. State Senator Tick Segerblom (D), who is leading the initiative, says tax revenue from the legalization of pot would go to schools.

Photo: Ed Forchion, a pro-marijuana activist known as NJ Weedman, carries a large cross with huge likeness of a marijuana leaf as he walks in front of the New Jersey Statehouse in Trenton, N.J., Sunday, April 20, 2014. Dozens of activists and community members gathered in front of Statehouse to show their support for legalizing marijuana. Next

Pat Vasquez-Cunningham / the Boston Globe

New Mexico

What’s legal? Medical marijuana (6 ounces, four plants)

When was it legalized? January 2010

Who’s it legal for? Patients with a “a chronic or debilitating disease or condition”

Something else you should know: A proposal to let residents vote on the legalization of recreational marijuana was shut down in the New Mexico Senate in February 2014. Legislators are adamant about getting the proposal on the ballots in 2016.

Something else you should know: New Yorkers won’t be able to buy medical marijuana for 18 months. During this period the state will approve distribution centers and finalize the logisitics of the law. The law does not approve marijuana in leaf form (you can’t smoke it) but approves all other forms of the drug (edible, oil, vapor). Cuomo reiterated that he will not aprrove a recreational marijuana bill when he signed medical cannbis law in July.

Photo: In this May 20, 2014 file photo, supports cheer after the Senate Health Committee advanced a bill that would legalize medical marijuana in New York state. With attention turning to fall elections, New York lawmakers may end their session without voting on a minimum wage hike, medical marijuana, public campaign financing or other high-profile issues.Next

istockphoto

North Carolina

What’s legal? Not marijuana.

When was it legalized? Never.

Who’s it legal for? No one.

The Legislation: Doesn’t exist.

Something else you should know: North Carolina is pretty far from legalizing marijuana. The state is currently considering a bill that would establish a Legislative Research Commission to study medical cannabis, medical cannabis law, and potential tax revenue that could result from it.

Something else you should know: Marijuana advocates filed a medical marijuana ballot initiative in late May 2014. If the advocates get enough signatures in support of the bill, the measure could appear on the 2014 ballot. Medical marijuana bills have failed at the committee level multiple times in Oklahoma over the past six years.

Something else you should know: Oregon voters cast ballots in favor of legalizing recreational marijuana in November 2014. The measure, which will not become law until July 2015, legalizes the cultivation, retail, and possession of up to 8 ounces of marijuana in private and 1 ounce in public for persons over 21 years of age in Oregon. The measure also grants retail and regulation authority to The Oregon Liquor Commission and allows the commission until January 1, 2016 to finalize plans, so public sales likely won’t be available until then. Marijuana legislation failed in Oregon in 2012.

Photo: A bottle of a marijuana-based product is seen at the "Oregon's Finest" medical marijuana dispensary in Portland, Oregon April 8, 2014. Next

Photo: Mike Storm of East Stroudsburg, left talks with Senator Mike Folmer following the Pennsylvania Senate public hearing to consider Bill 1182, the Compassionate Use of Medical Cannabis Act, Tuesday, June 10, 2014 in the North Office Building in Harrisburg, Pa.Next

Something else you should know: Rhode Island legislators filed a recreational marijuana bill that proposed legalizing the possession of 2.5 ounces of marijuana or two plants in February. The House Judiciary Committee decided to hold the marijuana bill until 2015 when further study of recreational cannabis is available.

The Legislation: While South Carolina doesn’t have a fully developed medical marijuana program, the state did pass the Medical Cannabis Therapeutic Treatment Research Act, an act that approves a clinical trial program through the Medical University of South Carolina, in April.

Something else you should know: A broader medical marijuana bill, the South Carolina Medical Marijuana Act, which proposed the legalization of 2 ounces of usable marijuana and three mature plants for medical purposes, was filed earlier this year, but did not make it to a state Senate hearing.

Something else you should know: No marijuana legislation has been proposed in 2014.
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Tennessee

What’s legal? Not marijuana.

When was it legalized? Never.

Who’s it legal for? No one.

The Legislation: Doesn’t exist.

Something else you should know: A medical marijuana legalization bill failed in the House in March. A bill establishing a four-year study on the medical effects of medical marijuana, however, was passed by the Senate and signed by the governor in May.

Something else you should know: Some legislators and marijuana advocates don’t include Utah in lists of states that have legalized medical marijuana because the law is so restricting. The law doesn’t allow marijuana production in Utah but allows qualified patients to obtain marijuana extract from other states.

Photo: Utah's Republican Gov. Gary Herbert, center, signs H.B.105 during a bill signing ceremony for about 50 parents and children at the state Capitol Tuesday, March 25, 2014, in Salt Lake City. Parents of Utah children with severe epilepsy are cheering a new state law that allows them to obtain a marijuana extract they say helps with seizures, but procuring it involves navigating a thorny set of state and federal laws. The new law doesn't allow medical marijuana production in Utah but allows families meeting certain restrictions to obtain the extract from other states. Next

istockphoto

Virginia

What’s legal? Not marijuana.

When was it legalized? Never.

Who’s it legal for? No one.

The Legislation: Doesn’t exist.

Something else you should know:Virginia polls show overwhelming support for medical marijuana and split support for recreational marijuana legislation.

Something else you should know: A bill that aimed to legalize the possession of 3 ounces of medical marijuana for people suffering from debilitating medical conditions was introduced in March 2014, but it did not make it to a legislative hearing.